Casually Finding the Clear and Unmistakable: A Reevaluation of First Options in Light of Recent Lower Court Decisions

This Comment discusses how an increasing number of courts have misapplied First Options of Chicago, Inc. v. Kaplan’s “clear and unmistakable” evidence standard when deciding who has the authority to determine the arbitrability of parties’ disputes.

Originally published in the Lewis & Clark Law Review, a publication of Lewis & Clark Law School, in May 2006.